BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator Elaine K. Alquist, Chair
BILL NO: AB 2195
A
AUTHOR: Bass
B
VERSION: May 26, 2006
HEARING DATE: June 27, 2006
2
FISCAL: Appropriations, 2/3rds
1
9
CONSULTANT:
5
Lee/Hailey
SUBJECT
Foster caregivers: placement options
SUMMARY
Establishes procedures for emergency assessment and
approval of relatives or non-relative extended family
members as caregivers when the primary foster caregiver
becomes unable to provide care.
ABSTRACT
Current law
1.Provides for the placement of dependent children in
foster homes and provides payments to foster care
providers on behalf of the children in foster care.
2.Requires preferential consideration to a request by a
relative of the child for placement of the child with a
relative when the child has been removed from the custody
of his or her parents.
3.Requires that prior to placing a child in the home of a
relative or other person who is a non-licensed or
Continued---
STAFF ANALYSIS OF ASSEMBLY BILL 2195 (Bass) Page
2
certified foster parent, the county social worker must
ascertain the appropriateness of the placement, must
cause a criminal records check through the California Law
Enforcement Telecommunications System (CLETS) for all
adults living in the home, and must cause a check of the
Child Abuse Index for all adults living in the home.
4.Requires that a county may not place the child in a home
if the criminal records check indicates that a person has
been convicted of a crime that would preclude licensure,
unless the county grants an exemption based on
substantial and convincing evidence to support reasonable
belief that the person with the criminal conviction is of
such good character as to justify the placement.
This bill
1.Specifies that when the sudden unavailability of a foster
caregiver requires an emergency change in placement for a
dependent child, the assessment of a willing and able
relative or non-relative extended family member shall be
initiated upon request by the relative or non-relative
extended family member for temporary placement of the
child.
2.Requires that the assessment include:
An in-home inspection to assess the safety of the
home and the ability of the relative or non-relative
extended family member to care for the child's needs.
A criminal records check.
A check of allegations of prior child abuse or
neglect.
1.Allows that upon completion of this assessment the child
may be placed in the home.
2.Requires the county welfare department, following the
emergency placement, to evaluate and approve or deny the
assessed home for purposes of eligibility for foster care
payments using the same standards set forth in regulation
for the licensing of foster family homes.
3.Allows that if the adults in the home meet all other
conditions for approval except the receipt of the Federal
Bureau of Investigation's criminal history information,
the county welfare department may approve the home and
STAFF ANALYSIS OF ASSEMBLY BILL 2195 (Bass) Page
3
document that approval with a signed statement from each
adult in the home attesting to the fact that he or she
has never been convicted of a crime other than a traffic
infraction.
4.Allows that if, after the approval has been granted, the
county welfare department determines that an adult in the
home has a criminal record, the approval may be
terminated.
FISCAL IMPACT
According to the Assembly Appropriations Committee, this
bill would primarily attract extended family members of the
approximately 37,000 current relative caregivers. If 10
percent of the children living with relative caregivers
need an emergency placement each year, the cost would be
about $2.5 million to assess the homes of 3,700 potential
emergency caregivers.
BACKGROUND AND DISCUSSION
According to the author, "When an existing caregiver is
suddenly unavailable, counties must move quickly to find
another home for the child - preferably with a relative or
non-related extended family member, in the least
restrictive and most family-like setting possible.
Placement with a known relative or extended family member
can significantly ease the trauma that foster children
experience when their placements are unexpectedly
disrupted. Recently, the existing law has been interpreted
as allowing counties to make emergency placements with
relatives or non-related extended family members only at
the very beginning of a child's placement into foster care.
If a sudden need arises and the child must be quickly
moved to a new placement later on, emergency placement is
not being allowed."
This bill would clarify existing law to allow the use of
emergency placements with relatives or non-relative
extended family members throughout a child's stay in foster
care. This bill would establish procedures for the
assessment and approval of these emergency placements when
the primary foster caregiver suddenly becomes unavailable
to provide care. The proposed procedures for assessment
STAFF ANALYSIS OF ASSEMBLY BILL 2195 (Bass) Page
4
and approval would be similar to the existing procedures
used when a child first enters foster care and is placed
with a relative.
PRIOR ACTIONS
Assembly Floor: 80-0Pass
Assembly Appropriations: 14-4Do pass as amended
Assembly Human Services: 6-0Do pass
POSITIONS
Support: County Welfare Directors Association
(sponsor)
AFSCME
National Association of Social Workers,
California Chapter
Oppose: None received
-- END --